On today’s podcast the NC DWI Guy explains how to use N.C.G.S. 20-16.2 to attack the admissibility of the breath test. Under the theory of implied consent, a chemical analyst (typically a law enforcement officer) can request a breath sample from a person that is legitimately charged with driving while impaired. However, there are procedural requirements prior to the officer obtaining a breath sample. When these guidelines are not followed, you need to be ready to request suppression of the breath sample obtained.
Learn how you can prove the officer did not “observe” your client during the 15 minute “observation period”
Understand the requirement for a subsequent rights advisement if multiple types of chemical analysis are requested
Discover the process for correctly advising the defendant of his rights related to chemical analysis
Learn why the requirement for the officer to obtain two consecutive samples within .02 of each other is important and how this can be used to defend your client